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Court for no insurance..

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    #32
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    ART6 wrote: »
    Unless I misread the post, she didn't know she hadn't.


    Any more updates has anybody on here being in this situation there self or know somebody that has.. The post was not about her it was about my friend if you read the start of what i worte in the first page you will see the situation.


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    #33
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    ART6 wrote: »
    Unless I misread the post, she didn't know she hadn't.

    There is a lot of nonsense being posted in this thread.
    1. An insurance disc does not have to be displayed for 10 days after the insurance cover has been arranged. This is provided in the statutory instrument which creates the offence of non display.

    2. If there was cover in place at the time a vehicle is stopped the best thing to do is get written confirmation from the insurance company and go to the prosecuting guard. If he is satisfied he will agree to strike out the case when it is called in court. It is as well to be in court in any case.

    3. When an insurance company cancels cover it is required to give 7 days notice in writing to the insured. Cases are dismissed in court regularly when it is shown that this has not been done.

    4. There is a barrister in Dublin getting cases dismissed against people driving cars on which they are not named as drivers on the policy. This is done using European legislation.

    Many if not all of the people described as being convicted in this thread would not have been convicted if they had proper legal representation in court.
    It may cost money but it is better than being convicted of driving without insurance. In addition to a possible ban and fine there is a criminal record and if there are any future motoring offences the fact of having a conviction will make it worse.


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    #34
    Anan1
    Registered Users Posts: 22,815 ✭✭✭✭Anan1


    ART6 wrote: »
    Unless I misread the post, she didn't know she hadn't.
    So how did she do everything right?;)


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    #35
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    Karl_2008 wrote: »
    The reason why i had asked this question from the start was because i knew a woman that was nearley in the same boat as my friend the only difference was when she changed her insurance over to a different car the girl on the phone said everything would be ok and her new policy and details would be in the post. heres were it changes, she was paying her insurance in monthly instalments ie : deposit up front and what ever she was paying a month was done trough her direct debits. So she was stoped again at a police check she told this to the gaurds like my firend did that she had just changed over ect ect they gave her 10 days to produce as usual so she got a letter in the post from the insurance ( she was thinking it was her new policy and disc) the letter said we regret to inform you that when we to your bank it came came back as not paid ( Her wages wernt put in on time due to sick leave from work) so we have cancelled your policy. So basicly when she was stoped by the gards on that date her insurance had already being cancelled with out her even knowing.. Anyway when it was brought to court she explained all this to the gaurd that she was totally un aware of the circumstances ect. anyway she got a 1 year ban and a fine of €1500. she has since lost her job because she was a home nurse.

    If your friend did not receive notification her policy was about to be cancelled then she should get onto the Insurance Federation (I think) and complain. This is a very serious breach of what should be in the customer charter and causing your friend to unwittingly break the law.

    Explaining it to the guard at the court is not good enough. She should have had proof that this happened and she would have allowed the judge discretion. Her course of action now should be to gather the necessary information such as when the policy was cancelled, notice sent to her in the post and how many days notice she was given to the cancellation date. She should then go to a solicitor and lodge an appeal to the Circuit Court. Once the appeal is heard she should be allowed back driver and the fine returned to her.
    ART6 wrote: »
    This is evidence if we needed it that the law is blind -- blind stupid. OK, she was uninsured, and if she'd had a blameworthy accident she'd be in big trouble. But she had done everything right and had no way of knowing that she wasn't covered. Is the law so rigid that the judge couldn't exercise discretion, and give a good kick to the insurers for not warning her by telephone? After all, if she did have a blameworth accident and was uninsured, there is a fund to compensate the victim.

    In fairness I am presuming the woman went to court without any evidence or having spoken to the garda a few days before the court appearance so there was no way to prove her story. People come up with some of the craziest stories to get off so it is hard to differeniate. Also Gardai can not just call the insurance company and access details of a person's policy due to the Data Protection Act.


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    #36
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Karl_2008 wrote: »
    the letter said we regret to inform you that when we to your bank it came came back as not paid ( Her wages wernt put in on time due to sick leave from work) so we have cancelled your policy. So basicly when she was stoped by the gards on that date her insurance had already being cancelled with out her even knowing.

    I don't believe this story. No insurance company would cancel your cover because you missed ONE direct debit payment.


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    #37
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    eth0_ wrote: »
    I don't believe this story. No insurance company would cancel your cover because you missed ONE direct debit payment.


    A friend of mine is due in court any time now. He was stopped at a check point last year for insurance he had just bought the car 2 days prior to being stoped and was waiting on his insurance to change over he got a summons for no insurance/Failure to produce. Just wondering has anybody being up in court for this kind of thing if so what happened will he be banned etc. The reason i ask is i work for him (as he has his own small bussiness) we are painters if he looses his linsce that means im out of a job as he needs the car for work.. if anybody has any info please reply nicley and DONT SHOOT THE MESSANGER IM ONLY ASKING...rolleyes.gifrolleyes.gifrolleyes.gif

    THIS IS MY ORIGNAL QUESTION I WAS JUST POINTING OUT THAT OTHER STORY TO A ANSWER I GOT AND YES OF COURSE AN INSURANCE COMPANY CAN CANCEL YOU POLICY IF U MISS ONE DIRECT DEBIT PAYMENT AS I HAVE HEARD OF THIS HAPPENING IN MORE THAT ONE occasion


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    #38
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    eth0_ wrote: »
    I don't believe this story. No insurance company would cancel your cover because you missed ONE direct debit payment.



    yes they did and i heard it happen more than once of course they will cancel if you miss your direct debit payment..


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    #39
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Karl_2008 wrote: »
    yes they did and i heard it happen more than once of course they will cancel if you miss your direct debit payment..


    There is one insurance company which is notorious for doing it. The cancellation is only effective if there has been 7 days notice in writing. the same company often does not give 7 days notice. Considerable pressure (court proceedings) has to be put on this company to make it admit that they were on risk at the time the driver was stopped.
    Most people charged with driving without insurance do not get proper legal representation. The burden of proving insurance in on the motorist. Telling the judge a story about transfer of cover - missed direct debits etc. is no use unless the fact of cover is established. A lot of people (even some solicitors) make a total mess of it.


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    #40
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Karl_2008 wrote: »
    yes they did and i heard it happen more than once of course they will cancel if you miss your direct debit payment..

    NO, THEY DON'T.
    Legally they must inform you in writing and give you 7 days grace to pay the arrears, after that your policy will be cancelled.


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    #41
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    eth0_ wrote: »
    NO, THEY DON'T.
    Legally they must inform you in writing and give you 7 days grace to pay the arrears, after that your policy will be cancelled.


    well thats not what i have heard..


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    #42
    craichoe
    Closed Accounts Posts: 2,706 ✭✭✭craichoe


    Karl_2008 wrote: »
    well thats not what i have heard..

    Well you heard wrong then.


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    #43
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    craichoe wrote: »
    Well you heard wrong then.

    Some how i dont think i have


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    #44
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    Karl_2008 wrote: »
    Some how i dont think i have

    Sorry, you're either a complete idiot or a troll.
    I'm reporting your post.


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    #45
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    eth0_ wrote: »
    Sorry, you're either a complete idiot or a troll.
    I'm reporting your post.



    Reporting my post for what. All i did was ask a few simple questions and gave my views i tought thats what this site was all about and i am Neither a IDIOT or a TROLL thanks.


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    #46
    Dave147
    Registered Users Posts: 3,235 ✭✭✭Dave147


    As long as he can prove he was insured then there's no problem..


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    #47
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    eth0_ wrote: »
    Sorry, you're either a complete idiot or a troll.
    I'm reporting your post.

    ...and you get a warning for your effort ...don't call other people idiots !


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    #48
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    peasant wrote: »
    ...and you get a warning for your effort ...don't call other people idiots !


    i didnt call anyone anything


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    #49
    peasant
    Registered Users Posts: 17,819 ✭✭✭✭peasant


    Karl_2008 wrote: »
    i didnt call anyone anything

    and I wasn't talking to you either :D


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    #50
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Dave147 wrote: »
    As long as he can prove he was insured then there's no problem..

    That often is the problem. How does he prove that he was insured?


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    #51
    Heroditas
    Registered Users Posts: 9,495 ✭✭✭Heroditas


    Karl_2008 wrote: »
    i know what a load of ****e its all just money money money she should have brought the insurance company to court


    Ring the company and say you want the insurance policy to change over at a certain time. Pick the new car up at that allocated time and you will be insured to drive it at that point. :cool:


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    #52
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    peasant wrote: »
    and I wasn't talking to you either :D


    Np....:D


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    #53
    Graham_B18C
    Registered Users Posts: 8,620 ✭✭✭Graham_B18C


    Karl_2008 wrote: »
    yes they did and i heard it happen more than once of course they will cancel if you miss your direct debit payment..

    Last year i was with paying direct debits and was changing companies, i rang the day before it was up and told em, they said grand but cancel your dd just in case, i did, but the girl obviusly never canceled it and i got a letter about two months later saying im still insured and i owe em 250 euro! I went in and explained and it was all good. They don't normally just stop your cover if you miss a payment. It could happen to anyone


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    #54
    parsi
    Site Banned Posts: 5,904 ✭✭✭parsi


    Karl_2008 wrote: »
    A friend of mine is due in court any time now. He was stopped at a check point last year for insurance he had just bought the car 2 days prior to being stoped and was waiting on his insurance to change

    What do you mean "waiting to change over" ?

    Whenever we've bought a car we ring the insurance company from the garage and give them to reg and the policy is changed on the spot. Usually the disc comes within 2 days.

    The last time I changed my car I had to go to Garda HQ (Phoenix park) for work and I was half wondering if I'd be stopped either driving in or whilst parked but no-one took a blind bit of notice.

    I was stopped once without a disc after changing the car and when I said that I'd just bought the car (had the tax slip) there wasn't any problem.


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    #55
    galwaytt
    Registered Users Posts: 12,776 ✭✭✭✭galwaytt


    peasant wrote: »
    ...and you get a warning for your effort ...don't call other people idiots !

    Wow, mod calls out other mod..... popcorn.gifpopcorn.gifpopcorn.gif

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #56
    galwaytt
    Registered Users Posts: 12,776 ✭✭✭✭galwaytt


    OP, afaik, there are two offences here: failure to display, and no insurance. If you had cover at the time, you're insurance co will confirm it. Take it to the Garda and he may well decide to drop the 'producer'.

    It's the no insurance they're really bothered about.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #57
    Karl_2008
    Closed Accounts Posts: 30 ✭Karl_2008


    An update on the case.

    He went to court last week he got a letter from the insurance company explaneing what had happened with he insurance ie. wating for it to change ect and he was still covered when the was stoped.

    Anyway he showed it to gard before seeing the judge and he got it stuck out.. thanks for all the help and the good comments from people.. people on here are quick to judge and leave nasty comments before even understanding the case even one mod calling me a troll. ah well what can u do when u live in a shoe. lol..

    thanks again.


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    #58
    Esel
    Registered Users Posts: 22,282 ✭✭✭✭Esel


    Glad it worked out OK. And you should get on to your TD. He'll get you out of that shoe and under a nice bridge no problem.

    Not your ornery onager



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